Farah Mansoor vs Station House Officer, Police Station City Kamoky and another
This constitutional petition was filed in the Lahore High Court concerning the illegal detention of a 72-year-old woman. The core legal question addressed the accountability of police officials involved in the unauthorized detention and the subsequent administrative response by the police department. Upon the appearance of the City Police Officer, Gujranwala, the Court was informed that a criminal case, FIR No. 332/2021, had been registered against the Investigating Officer, Saif Ullah, A.S.I., under Section 155-C of the Police Order, 2002, and Section 342 of the Pakistan Penal Code, 1860. Furthermore, the Court noted that the Station House Officer had been suspended, an inquiry initiated, and the D.S.P. issued an explanation for poor supervision. The Court expressed satisfaction with the prompt and strict departmental action taken against the delinquent officials. Consequently, the Station House Officer’s show-cause notice was withdrawn, and the petitioner, satisfied with the remedial measures taken by the authorities, did not press the petition further. The petition was accordingly disposed of, emphasizing the Court's expectation that such incidents of illegal detention would not recur.
- Can the High Court dispose of a constitutional petition regarding illegal detention once the police department has initiated criminal and disciplinary proceedings against the delinquent officers?
- Does the registration of an FIR against an investigating officer for illegal detention satisfy the court's intervention in a constitutional petition?
- Section 155-C, Police Order 2002
- Section 342, Pakistan Penal Code 1860
ORDER
ALI ZIA BAJW A, J.---City Police Officer, Gujranwala, present in Court, has submitted detailed report, according to which a case FIR No.332/2021 dated 24.06.2021 under section 155-C of Police Order , 2002 read with section 342, P.P.C. Police Station City Kamoke, Gujranwala has been registered against the Investigating Officer, namely Saif Ullah, A.S.I., concerned S.H.O. has been suspended and an inquiry has been initiated against him. Report further transpires that a letter for explanation of poor supervision has also been issued to the D.S.P . of concerned circle.
City Police Officer, further ensures that in future if any police official/of ficer found involved in any illegality pertaining to this case, he shall take strict action against him. The report seems to be satisfactory . This Court appreciates the C.P.O. qua his strict and prompt action against the delinquents/ police officials involved in illegal detention of a woman aged 72-years and expects that in future such incident shall not take place in his City District.
2. In pursuance of order dated 23.06.2021, Muhammad Iqbal, S.H.O. Police Station City Kamoke tenders his written explanation, wherein he states that he was not aware of the actual facts that Saif Ullah, A.S.I. detained the alleged abductee Izat Islam in his room, therefore, show cause notice issued to him on the aforementioned date is hereby withdrawn.
3. In view of the above, learned counsel for the petitioner does not press this petition having borne fruit.
4. Disposed of accordingly . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.